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  1. #1

    Post Divorce and child custody


    I am in US on GC soon to be acquiring US Citizenship. Have a child who is a US Citizen but currently child and I are in India. Spouse is on H1B but currently in between visas so he is also in India for next few weeks or longer.

    Some questions:

    1. We got married in India 5 yrs ago and with my US citizenship should I file for divorce in India or US? Can I file in India even though I will be a USC?

    2. Child is US citizen so custody case has to be in US - correct?

    3. Can divorce and custody be separate i.e. divorce in India and custody in US?

    4. Does spouse with USC have more rights and would win custody of a child who is USC?

    5. Any way that a child custody case can be filed in India for a USC child?

    6. Without child custody to any particular parent, can child reside with US citizen parent (who the child stays with) anywhere in the world including India?


  2. #2


    This is really not an immigration question, but family law question.

    It would be best to contact a divorce attorney in the US who is of Indian origin so that he would hopefully know the laws of both the countries.
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